Bowers v. Schuler
Supreme Court of Minnesota
Appeal by plaintiff, Lizzie Bowers, from a judgment of the District Court of St. Louis County, J. 1). Ensign, L, entered March 15, 1893. The plaintiff, Lizzie Bowers, claimed to own one undivided twelfth of the northerly seventy-five feet in width, of lots one, two, three, four and five, in block forty-four, in the Portland Division of Duluth, worth $9,000. She and her husband, Thomas Bowers, brought this action for partition, claiming the property to be so situated that…
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Appeal by plaintiff, Lizzie Bowers, from a judgment of the District Court of St. Louis County, J. 1). Ensign, L, entered March 15, 1893. The plaintiff, Lizzie Bowers, claimed to own one undivided twelfth of the northerly seventy-five feet in width, of lots one, two, three, four and five, in block forty-four, in the Portland Division of Duluth, worth $9,000. She and her husband, Thomas Bowers, brought this action for partition, claiming the property to be so situated that actual partition of the premises could not be made without great prejudice to the owners, and asking that the property be…
1Opinion of the CourtMitchell, J.
The only question of any importance in this case arises over the construction of 1878 G. S. ch. 73, § 8, which provides that “it shall not be competent for any party to an action, or interested in the event thereof, to give evidence therein, of or concerning any conversation with, or admission of, a deceased or insane party or person, relative to any matter at issue between the parties.”
The principal point is whether the term “any party to an action” is meant to include every one who is a party to the record, or only those who are parties to the issue to which the testimony relates. In view…
2Cases cited3 opinions
- Perine v. Grand Lodge of Ancient Order United WorkmenSupreme Court of Minnesota · 1892
- Todd v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
- Lee v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
3Cited by21 opinions
- In Re Estate of ConnerSupreme Court of Iowa · 1948
- Exsted v. ExstedSupreme Court of Minnesota · 1938
- Ehmke v. HillSupreme Court of Minnesota · 1952
- Keough v. St. Paul Milk Co.Supreme Court of Minnesota · 1939
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
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